1. Introduction and Acceptance of Terms
1.1. The Agreement: This Terms of Service (the "Agreement") constitutes a legally binding contract between you ("you," "your," or "user") and Kienmaly Mobi ("we," "us," or "our"). This Agreement governs your access to and use of our mobile application, Zeva: Daily Tarot Card Reading (the "App"), and all related services (collectively, the "Services").
1.2. Binding Agreement: By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by all terms of this Agreement. If you do not agree with these terms, you are not permitted to use the Services and must immediately uninstall the App.
1.3. Incorporated Privacy Policy: Your use of the Services is also governed by our Privacy Policy. The applicable Privacy Policy is made available on our website and within the App and is incorporated into this Agreement by reference. The Privacy Policy provides a detailed explanation of our data practices, including the permissions the App requests and the third-party SDKs we use to operate and fund the Services.
1.4. Eligibility: You must be at least 13 years old, or at least 16 years old if you are resident in the European Economic Area or the United Kingdom, or such other minimum age as required by the law of your country of residence, to use the Services. By using the Services you represent that you meet this requirement. If you are under the age of majority in your jurisdiction, you may only use the Services and make Purchases with the involvement of a parent or legal guardian.
2. The Services
Our App provides tarot and zodiac entertainment content. Currently, the application provides core functionalities including but not limited to Card of the Day for drawing a single daily card, Yes or No Tarot for a one-card answer to a simple question, Love Tarot, Money Tarot and 3 Cards Spread for three-card readings, Yearly Tarot for a five-card reading of the year ahead, Daily, Weekly and Monthly Horoscope for the twelve zodiac signs together with Today's Rating, Lucky Number and Lucky Color, Zodiac Origins for the history and mythology of each sign, Multi-language Reading with read-aloud, and Share Reading for exporting a reading as an image. Some features are available free of charge, some may be unlocked by watching a rewarded advertisement, and some are reserved for subscribers. We reserve the right to modify, update, or discontinue certain features of the Services at our sole discretion.
3. Entertainment Purposes Only
3.1. Nature of Content: All tarot readings, card interpretations, horoscopes, ratings, lucky numbers, lucky colors, auspicious times and other content provided through the Services (the "Content") are provided for entertainment and self-reflection purposes only.
3.2. No Prediction or Guarantee: The Content does not predict, guarantee or reliably indicate any future event, outcome or result. Any resemblance between the Content and your actual circumstances is coincidental.
3.3. No Professional Advice: The Content is not a substitute for professional medical, psychological, legal, financial, investment, relationship or other advice. You should not rely on the Content when making decisions about your health, finances, relationships, career or any other important matter, and you should consult a qualified professional where appropriate.
3.4. Your Decisions: You remain solely responsible for any decision you make and any action you take or do not take in connection with your use of the Content.
4. Subscriptions and In-App Purchases
4.1. Available Purchases: The App may offer optional subscriptions and one-time in-app purchases ("Purchases") that unlock premium features, such as additional readings, Yearly Tarot, Weekly and Monthly Horoscope, or an ad-free experience. The price, duration, and content of each Purchase are disclosed to you within the App, through the Google Play Store, before you confirm payment.
4.2. Billing and Auto-Renewal: All Purchases are billed through Google Play Billing. Subscriptions automatically renew for the same duration and at the then-current price unless you cancel at least 24 hours before the end of the current billing period. Your Google Play account will be charged for renewal within 24 hours prior to the end of the current period.
4.3. Free Trials: If a subscription is offered with a free trial, your payment method will be charged automatically at the end of the trial unless you cancel before it ends. Any unused portion of the trial period is forfeited once you purchase a subscription. Free trials are limited to one per eligible user unless stated otherwise.
4.4. Cancellation: You may cancel a subscription at any time through your Google Play account settings. Cancellation takes effect at the end of the current billing period; we do not provide prorated refunds for the unused portion of a billing period, except where required by the law of your country of residence.
4.5. Refunds: Refunds, where available, are handled directly by Google Play in accordance with its own refund policy. We do not directly process refunds for Purchases made through the Google Play Store. Nothing in this Section limits any refund or withdrawal right you may have under the mandatory consumer protection law of your country of residence.
4.6. Price Changes: We may change the price of a subscription from time to time. Any price change will apply to you no earlier than your next renewal after we provide notice of the change, as required by applicable law and Google Play policy.
4.7. Rewarded Advertisements: Certain free features may require you to watch a rewarded advertisement. Rewards have no monetary value, cannot be exchanged for cash, and may be changed or limited at our discretion.
5. Content and Licensed Assets
5.1. Ownership: All card artwork, illustrations, interpretations, horoscope texts, zodiac content, designs and other materials made available within the App remain the property of Kienmaly Mobi or our third-party licensors, except for underlying works that are in the public domain. Nothing in these Terms transfers ownership of any such material to you.
5.2. Limited License to You: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Content solely for your personal, non-commercial use on your own device, for as long as you use the Services.
5.3. Shared Readings: You may share images of your readings generated through the Share Reading feature for personal, non-commercial purposes, provided you do not remove the App branding or QR code.
5.4. Restrictions: You may not copy, scrape, redistribute, sublicense, sell, or extract any Content from the App for use outside the Services, including for any commercial tarot, astrology or fortune-telling service.
6. License to Use the App
6.1. Grant of License: Subject to your strict compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the App for your personal, non-commercial purposes on a mobile device that you own or control.
6.2. License Restrictions: Under this license, you agree not to:
- 6.2.1. Copy, modify, reverse-engineer, decompile, disassemble, or create derivative works based on the App, except to the extent such restriction is prohibited by applicable law or by the license terms of any open source component included in the App.
- 6.2.2. Rent, lease, sell, redistribute, or sublicense the App.
- 6.2.3. Use the App for any commercial purpose without our express prior written consent.
- 6.2.4. Circumvent any technological measure implemented to protect the App, its Content, or its premium features.
6.3. Open Source Components: The App may include open source software components that are subject to their own license terms. Where an open source license grants you broader rights than this Agreement for a particular component, those rights apply to that component.
7. Acceptable Use and Prohibited Conduct
Your permission to use the Services is contingent on your agreement not to use them for any purpose that is unlawful or prohibited by this Agreement. You explicitly agree not to:
- 7.1. Use the Services in any manner that violates the law of your country of residence or any other applicable law.
- 7.2. Use the Services in any manner that infringes upon the intellectual property or other rights of any party.
- 7.3. Represent the Content as professional advice, or use the Content to deceive, defraud, pressure or harm another person.
- 7.4. Manipulate or abuse rewarded advertisements, free trials, or Purchase mechanisms, including by using automated tools or multiple accounts.
- 7.5. Transmit any viruses, worms, or any items of a destructive nature.
- 7.6. Attempt to gain unauthorized access to our systems or disrupt the integrity of the Services.
8. Intellectual Property
All rights, title, and interest in and to the Services, including the App's source code, design, graphics, features, and trademarks ("Our Intellectual Property"), are the exclusive property of Kienmaly Mobi and its licensors. This Agreement does not grant you any ownership rights to Our Intellectual Property.
9. Third-Party Links and Services
9.1. Advertisements: Our App is often provided free of charge and supported by advertisements. These ads are delivered by our third-party advertising partners and may link to third-party websites or services.
9.2. Third-Party Content: Certain horoscope content may be provided by third-party content providers. We do not guarantee the availability or accuracy of such content.
9.3. No Endorsement: We do not endorse and are not responsible for any third-party sites, information, products, or services. If you access a third-party service, you do so at your own risk.
10. Disclaimers and Limitation of Liability
10.1. "AS IS" Service: The App, the Content and all related Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, secure, accurate, or error-free, or that the Content will be accurate, complete or suitable for any purpose.
10.2. Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall we, our affiliates, directors, or employees be liable for any indirect, special, incidental, consequential, or punitive damages arising from or in connection with your use of the App or the Content, including any decision made or action taken in reliance on the Content. Our total aggregate liability arising out of or in connection with the Services shall not exceed the greater of (a) the total amount you paid to us for the Services in the twelve months preceding the event giving rise to the claim, or (b) USD 100. Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law of your country of residence.
10.3. Device and Language Availability: The availability of certain features, including translation, read-aloud and notifications, depends on your device, operating system version, installed text-to-speech engine and network connection. We do not warrant that all features will be fully supported on every device or in every language.
11. Indemnification
To the extent permitted by the law of your country of residence, you agree to indemnify, defend, and hold harmless Kienmaly Mobi and its affiliates, officers, and employees from and against any and all claims, liabilities, damages, and costs (including reasonable attorney's fees) arising from or in any way connected with:
- 11.1. Your use of the Services in breach of Section 7 (Acceptable Use and Prohibited Conduct); or
- 11.2. Your violation of this Agreement or of any third-party right.
12. App Store Specific Terms
You acknowledge that this Agreement is between you and us only, and not with Google LLC ("Google"). We, not Google, are solely responsible for the App, its content, maintenance, support, and for addressing any claims related to it. The App is currently distributed exclusively through the Google Play Store; this section will be updated if the App becomes available through any other app store.
13. Governing Law and Dispute Resolution
13.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the country, and where applicable the state or province, in which you habitually reside, without regard to its conflict of law principles.
13.2. Informal Resolution: Before bringing any formal claim, you agree to first contact us at the email address in Section 18 and give us 30 days to try to resolve the dispute informally.
13.3. Jurisdiction: Any legal suit, action, or proceeding arising out of or related to this Agreement may be brought before the competent courts or dispute resolution bodies of your country of habitual residence.
13.4. Class Action Waiver: To the extent permitted by the law of your country of residence, you agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
13.5. Consumer Rights: Nothing in this Agreement deprives you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of the country in which you habitually reside.
14. Termination
We may, in our sole discretion, terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason, including if you breach this Agreement. You may stop using the Services at any time by uninstalling the App; uninstalling does not cancel an active subscription, which must be cancelled through Google Play. Upon termination, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive.
15. Force Majeure
We shall not be liable for any failure or delay in performance under this Agreement resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, network or infrastructure failures, third-party service outages, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
16. Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. We will notify you of any changes by updating the "Last Updated" date. For any material changes, we will provide more prominent notice, such as through an in-app notification. Your continued use of the Services after such changes constitutes your acceptance of the new Agreement.
17. General Provisions
17.1. Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force.
17.2. Assignment: You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.
17.3. Language: This Agreement may be made available in several languages. In case of any inconsistency, the English version prevails, unless the law of your country of residence requires otherwise.
17.4. Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire and exclusive understanding and agreement between you and us regarding the Services.
18. Contact Information
If you have any questions, suggestions, or concerns regarding this Agreement, please contact us:
- Developer: Kienmaly Mobi
- Support Email: mobi.store99@outlook.com
This is the authoritative copy. The same document is also published at https://sites.google.com/view/tarotreading-tos/home.